Truck accident
Truck Accident Attorneys in Lexington, Kentucky
The firms in this guide
- Garmer & Prather, PLLC Call Garmer & Prather, PLLC: (859) 254-9351
- Morgan, Collins, Yeast & Salyer Call Morgan, Collins, Yeast & Salyer: (877) 809-5352
- Wilson & McQueen, PLLC Call Wilson & McQueen, PLLC: (859) 710-8771
- Gary C. Johnson, P.S.C. Call Gary C. Johnson, P.S.C.: (800) 337-4002
- Minner Vines Injury Lawyers, PLLC Call Minner Vines Injury Lawyers, PLLC: (859) 550-2900
1. Garmer & Prather, PLLC
Practice Focus: Truck accidents, tractor-trailer collisions, 18-wheeler accidents, commercial vehicle accidents, school bus accidents, charter bus accidents, wrongful death from trucking collisions, catastrophic injuries from truck crashes, product liability involving commercial vehicles
Case Types Handled: Trucking company negligence claims, driver negligence claims, cargo liability claims, underride accidents, jackknife accidents, rollover accidents, multi-vehicle truck collisions, rear-end collisions with commercial trucks, intersection accidents involving trucks
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence investigation, insurance claim negotiation, litigation in state and federal courts, trial representation, settlement negotiations, underinsured motorist coverage claims, shipper and broker liability investigation, vehicle manufacturer liability investigation
Background: Jerome P. Prather is a Kentucky Super Lawyer and district vice president of the Kentucky Justice Association. He teaches medical liability at the University of Kentucky College of Law. The firm is a Tier 1 Law Firm by U.S. News & World Report Best Law Firms. Firm founder Bill Garmer was a member of the UK College of Law Hall of Fame and served as president of the Kentucky Bar Association. The firm has obtained verdicts and settlements totaling more than $100 million since 2009.
Location: 151 N Eagle Creek Dr, Suite 300, Lexington, KY 40509
Contact: (859) 254-9351 | https://www.garmerprather.com/
Consultation: Free initial consultation. Contingency fee basis with no fee unless recovery is obtained.
2. Morgan, Collins, Yeast & Salyer
Practice Focus: Commercial truck accidents, 18-wheeler accidents, semi-truck collisions, tractor-trailer accidents, delivery truck accidents, tanker truck accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, wide turn accidents, blind spot accidents, rear-end collisions with trucks, cargo spill accidents, brake failure accidents, driver fatigue accidents, overloaded truck accidents, trucking company negligence
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, medical lien resolution, lost wage recovery, pain and suffering claims
Background: The firm has multiple attorneys licensed in Kentucky with extensive experience in trucking litigation. Partners include McKinnley Morgan, Roy Collins, Dan Yeast, and Kyle Salyer. The firm has over 800 client reviews and operates multiple offices throughout Kentucky.
Location: 151 N Eagle Creek Dr, Suite 200, Lexington, KY 40509
Contact: (877) 809-5352 | https://www.kentuckycourage.com/
Consultation: Free legal consultation. Contingency fee arrangement available. The firm does not charge attorney fees unless compensation is recovered.
3. Wilson & McQueen, PLLC
Practice Focus: Truck accidents, commercial vehicle accidents, 18-wheeler collisions, tractor-trailer accidents, drunk driving truck accidents, no-zone truck accidents, truck driver error negligence, trucking company negligence, wrongful death claims, catastrophic injuries
Case Types Handled: Truck driver error accidents, truck defect malfunction accidents, drunk driving truck accidents, commercial vehicle accidents, trucking company negligence cases, truck collisions, rear-end accidents, head-on collisions, intersection accidents, highway defects
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, hours of service violation investigation, insurance claim negotiation, litigation in state courts, trial representation, settlement negotiations, wrongful death claims, property damage claims, medical expense recovery, lost wage claims
Background: Timothy J. Wilson and Albert B. McQueen, Jr. are the founding partners, each with more than four decades of legal experience. The firm provides personalized attention to each client and has a reputation for achieving results in personal injury cases. Additional attorneys include Michael Thomas Kunjoo, Caitlin McQueen Tubbesing, and McKay Friley.
Location: 309 N Broadway, Lexington, KY 40508
Contact: (859) 710-8771 | https://www.wmkylaw.com/
Consultation: Free consultation available. The firm offers contingency fee arrangements.
4. Gary C. Johnson, P.S.C.
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, Amazon truck accidents, delivery truck accidents, overload truck accidents, brake failure accidents, cargo securement failure accidents, wrongful death from truck accidents
Case Types Handled: Rollover accidents, jackknife accidents, underride accidents, rear-end collisions, head-on collisions, wide turn accidents, brake failure accidents, tire blowout accidents, driver fatigue accidents, overloaded truck accidents, cargo spill accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, electronic logging device (ELD) data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, lost wage recovery
Background: Gary C. Johnson served as Pike County Attorney for 18 years and Kentucky State Senator for four years. In 2008, he was awarded the Kentucky Justice Association’s annual Outstanding Trial Lawyer Award. Anita Johnson was admitted to practice law in Kentucky in 1986 and serves as managing partner. The firm has over 40 years of experience representing truck accident victims.
Location: 101 Prosperous Place, Suite 200, Lexington, KY 40509
Contact: (800) 337-4002 | https://www.garycjohnson.com/
Consultation: Free consultation available 24/7. Contingency fee arrangement with no fee unless recovery is obtained.
5. Minner Vines Injury Lawyers, PLLC
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler collisions, tractor-trailer accidents, commercial vehicle accidents, big rig accidents, moving van accidents, delivery van accidents, flatbed truck accidents, tanker truck accidents, construction vehicle accidents, wrongful death from truck accidents
Case Types Handled: Rollover accidents, jackknife accidents, underride accidents, rear-end collisions, head-on collisions, wide turn accidents, blind spot accidents, equipment failure accidents, driver error accidents, driver fatigue accidents, substance abuse accidents, improper cargo weight distribution accidents
Legal Services: Federal Motor Carrier Safety Administration (FMCSA) regulations compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, electronic logging device (ELD) data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, punitive damage claims
Background: The firm has recovered over a billion dollars for clients across various practice areas. The attorneys have significant experience in trucking litigation and understanding of FMCSA regulations. The firm handles cases throughout Kentucky and has been helping personal injury victims for decades.
Location: 325 West Main Street, Suite 210, Lexington, KY 40507
Contact: (859) 550-2900 | https://www.mvmlaw.com/
Consultation: Free case evaluation. Contingency fee arrangement with no upfront costs.
Driver Qualifications, the No-Fault Threshold and Fault Allocation in Lexington Truck Crash Claims
A Lexington truck crash claim can start with two carrier records: the driver’s qualification file and the accident register, along with the truck’s annual inspection. Kentucky’s no-fault act limits when pain and suffering can be claimed, and Kentucky law then allocates fault among every party, including the carrier and the driver.
Who May Drive
Except as provided in subpart G, 49 CFR 391.11(b) requires a commercial driver to be at least 21, able to read and speak English sufficiently, able by experience or training to operate the vehicle safely, physically qualified, holding a currently valid commercial license issued by only one jurisdiction, not disqualified, and to have passed a road test or hold a license or certificate the carrier accepted as equivalent.
When Pain and Suffering Can Be Claimed
Under KRS 304.39-060(2)(a) and (b), tort liability for bodily injury is abolished to the extent basic reparation benefits are payable, and pain, suffering, mental anguish and inconvenience are recoverable only if medical expense benefits exceed $1,000 or the injury includes permanent disfigurement, a bone fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of bodily function, or death.
Accident Register and Annual Inspection
Under 49 CFR 390.15(b), the carrier keeps an accident register for 3 years after each accident, listing date, location, driver, injuries, fatalities and any hazardous materials release, together with copies of required accident reports. Under 49 CFR 396.17, each commercial motor vehicle, including each unit of a combination, must have passed a periodic inspection within the preceding 12 months.
How Fault Is Allocated
Under KRS 411.182(1) through (3), the jury finds the damages each claimant would recover if contributory fault were disregarded and the percentage of total fault of each claimant, defendant, third-party defendant and released person, weighing the nature of each party’s conduct and its causal relation to the damages, and the court states each party’s equitable share.
Lexington Truck Accident Questions
How long do I have to sue the trucking company?
Under KRS 304.39-230(6), a tort action not abolished by the no-fault act may be commenced within two years after the injury, the death, or the last basic or added reparation payment, whichever is later. A local government truck is different: KRS 65.2003 bars claims based on discretionary acts but leaves a local government liable for its employees’ negligence in ministerial duties, and 65.2001(2) preserves governmental immunity for counties. A crash caused by a defect in a city street or bridge adds a 90-day notice under KRS 411.110, served on the mayor, city clerk or clerk of the board of aldermen and stating the time, place and circumstances of the injury.
Can I recover if I was partly at fault?
Yes. Under KRS 411.182, the judgment states each party’s equitable share by percentage of fault. For example, imagine $320,000 in damages and 15 percent of the fault on the injured driver, with 85 percent on the truck driver: the recovery would be $272,000.
Can punitive damages be awarded against the trucking company?
Yes, but only on clear and convincing proof of oppression, fraud or malice under KRS 411.184(2), and under (3) not against an employer for its driver’s act unless it authorized, ratified or should have anticipated the conduct.